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NOTICE OF MOTION

Maruti Dhulaji ThakurVsPartha Developers and Ors.

CNR MHCC01003034201820-COURT 20 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 11th November 2019

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100881/2018
Registration Date
01 Mar 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-03-2018
    Business: Adv. for plaintiff present. Adv. for defendant no.1 present. Adv. for defendant no.2 present. Adv. for defendant no.3 present. Adv. for defendant no.4 and 5 present.
    Adv. for defendant no.4 and 5 tendered registered Notice of Motion no.881/18.
    Adv. for plaintiff as well as Adv. for other defendants seeking time to file reply. Considering rival submissions short time  granted.
    Matter adj. for reply to NM on 23.03.2018.
    Next Purpose: REPLY
    Next Hearing Date: 23-03-2018
    
    Date: 23-03-2018
    Business: Adv. for plaintiff present. Adv. for defendant nos. 4 and 5 present. Adv. for defendant no. 2 present.
    Adv. for plaintiff filed reply to NM No. 881/18. Copy served to Adv. for defendant no.4  and 5.
    Adv. for defendant no.4 and 5 in case of filing rejoinder, shall serve copy of rejoinder 1 weeks advance to Adv. for plaintiff.
    Matter adj. for NM hearing on 16.04.2018.
    L.o. 3.00 pm.
     Representative of Court receiver Mr. Amol Shirke present.
    Already adjd. for NM hearing on 16.04.2018
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2018
    
    Date: 16-04-2018
    Business: Adv. for plaintiff present.  Adv. for defendant no.4 and 5 present. Adv. for defendant no.1  present.
    Adv. for plaintiff seeking time for filing sur-rejoinder to the rejoinder of the defendant no.4 and 5. Adv. for defendant nos. 4 and 5 objected for adjournment. Adv. for defendant nos.4 and 5 filed rejoinder. Copy already served to Adv. for plaintiff. Considering rival submissions adjournment granted as a last chance with direction to plff. to serve copy of sur- rejoinder in advance to Adv. for defendant nos.4 and 5.
    Matter adj. for NM hearing on 02.05.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2018
    
    Date: 02-05-2018
    Business: Adv. for plaintiff present. Adv. for defendant nos.4 and 5 present.
    Adv. for plaintiff filed sur-rejoinder. Copy served Adv. for defendant nos.4 and 5.
    Matter adj. for NM hearing on 12.06.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2018
    
    Date: 12-06-2018
    Business: Adv. Adhitya Thakar Present for the Plff.
    Adv. Ashok Jain Present for the Deft.no.1.
    Adv. P. B. Dhobtkar Present for the Deft.no.2.
    Adv. Pravin Tare Present for the Deft.no.4 to 9.
    On the oral request of the Ld counsel for the Deft no. 4 to 9 adj. Granted for hearing for CS no. 1044/16 as last chance.
    Adj. For Hearing of CS 1044/16 and NM 881/16 on 12/07/2018.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-07-2018
    
    Date: 12-07-2018
    Business: Adv. Adtiya Thakkar a/w Sonal Awasti a/w Desai Present for the Plff.
    Adv. Chavan Present for the Deft.no.1.
    Adv. P. V. Dhopatka Present for the Deft.no.2.
    Adv. Sayyed Mulani Present for the Deft no.3.
    Adv. S. T. Pawar Present for the Deft.no. 4 and 5.
    Heard both side over CS 1044/16 at length.
    Adj. For Further hearing of CS 1044/16, NM 881/18 on 17/07/2018.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-07-2018
    
    Date: 17-07-2018
    Business: Adv. Thakkar Present for the Plff.
    Adv. S. T. Pawar Present for the Deft.4 and 5.
    Adv. Chavan Absent for the Deft.no.1.
    Adv. P. V. Dhopatkar Present for the Deft. no.2.
    None present for the Deft.no.3.
    Adj. For further hearing on CS 1044/16, NM 881/18 on 31/07/2018.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-07-2018
    
    Date: 31-07-2018
    Business: PO mediation training
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2018
    
    Date: 31-07-2018
    Business: PO mediation training
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2018
    
    Date: 31-07-2018
    Business: PO mediation training
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2018
    
    Date: 30-08-2018
    
    Date: 07-09-2018
    Business: Adv. Sonal Avasti Present for the Plff.
    Adv. Dinesh Jain Present for the Deft.no.1.
    Adv. P. V. Dhopankar Present for the Deft.no.2.
    Adv. Pawar Present for the Deft.no.4 and 5.
    Adj. For Hearing of CS 1044/16 and NM 881/18 on 18/09/2018.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-09-2018
    
    Date: 18-09-2018
    Business: Adv. Sonal Avasti Present for the Plff.
    Adv. Depesh Jain Present for the Deft.no.1.
    Adv. P. V. Dhopankar Present for the Deft.no.2.
    Adv. Pawar Present for the Deft.no.4 and 5.
    Representative of Court Receiver present Mr. Gajanand Surve and tendered copy of minutes of Notes dt.09/02/2018 with valuation report.
    Heard Ld counsel for the Deft no.4 and 5 over CS 1044/16 at length.
    Adj. For Reply Hearing of CS 1044/16 and hearing NM 881/18 on 19/09/2018.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Adv. Aditiya Thakkar a/w Sonal Avasti Present for the Plff.
    Adv. Depesh Jain Present for the Deft.no.1.
    Adv. P. V. Dhopankar Present for the Deft.no.2.
    Adv. Pawar Present for the Deft.no.4 and 5.
    Ld counsel for the Plff filed written submission to the CS 1044/16 and argue at length.
    Adj. For Order of CS 1044/16 on 03/10/2018.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Adv. Sonal Avasti Present for the Plff.
    Adv. Dipaesh Jain Present for the Deft.no.1.
    Adv. Pawar Present for the Deft.no.4.
    Ld counsel for Deft no.4 submitted that, in view of the written notes of argument filed by the plff they do not want to submit any more thing except the fact that, the order of Hon\''ble High court and This Court regarding the CS were rejected.
    Adj. For Order on CS 1044/16 and Hearing of NM 881/18 on 15/10/2018.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Adv. Ms. Sonal Avasti Present for the Plff.
    Adv. Pawar Present for the Deft. no. 4 and 5.
    Heard Ld counsel for Deft no.4 and 5 over NM 881/18 at length.
    Ld counsel for the Plff sought time to Hearing over NM 881/18. Adj. Granted.
    None appear for Deft no. 1,2,3 and 6 to 9 for hearing of NM 881/18 nor there reply the NM hence matter kept for hearing of NM 881/18 by Plff.
    Adj. For Order of CS 1044/16 and hearing of NM 881/18 by Plff on 22/10/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: Adv Thakkar for plff present.
    Adv S.T.Pawar for deft present.
    Adv Abhishek Sawant for deft no.3 present.
    Adv Anil for deft no.1 present.
    Ld counsel for deft no.3 submitted that administrate has handed over the charge to the society and prayed for discharging them. Hence matter kept for order on ch/sum no.1511/18 and hearing on NM on 15/11/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Adv. Sonal Avasti Present for the Plff.
    Adv. Aher Present for the Deft. no. 4 and 5.
    Adj. For Order of CS 1044/16 and Hearing of NM 881/18 on 04/12/2018.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 04-12-2018
    
    Date: 04-12-2018
    Business: Adv. Thakkar Present for the Plff.
    Adv. S. T. Pawar Present for the Deft. no. 4 and 5.
    Adj. For of CS 1044/16 and Hearing of NM 881/18 on 10/12/2018.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 10-12-2018
    
    Date: 10-12-2018
    Business: Adv. Aditya Thakkar Present for the Plff.
    Adv. Dipesh Jain Present for the Deft.no.1.
    Adv. Dhopatkar Present for the Deft.no.2.
    Adv. S. T. Pawar Present for the Deft. no. 4 and 5.
    F.R.S.R following order of CS 1044/16.
    1. Chamber Summons No.1044 of 2016 in Suit No.2847 of 2010 (High Court Suit No.2 of 2010) is made absolute as per schedule attached to the chamber summons.
    2. Plaintiff to carry out amendment on or before 19.12.2018.
    3. After amendment, amended copy of plaint be placed on record and so also amended copy of plaint be served upon defendants, including newly added defendant No.3.
    4. Parties to bear their costs.
    Adj. For Compliance and Hearing of NM 881/18 on 19/12/2018.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-12-2018
    
    Date: 19-12-2018
    Business: Adv. Ms. Desai Present for the Plff.
    Adv. Dhopatkar Present for the Deft.no.2.
    Adv. S. T. Pawar Present for the Deft. no. 4.
    Ld counsel for the Plff submitted that, they have carried out in compliance in view of order of CS 1044/16 dt.10/12/2018 today and sought time for serving amended copy of the plaint upon otherside.
    On the oral request of the Ld counsel for the plff as cousel is busy in High Court hence adj granted it is part-heard.
    Adj. For Hearing of NM 881/18 on 04/01/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2019
    
    Date: 04-01-2019
    Business: Adv. Aditya Thakkar Present for the Plff.
    Adv. Jain Present for the Deft.1
    Adv. Dhopatkar Present for the Deft. 2
    Adv. S. T. Pawar Present for the Deft. 4 and 5.
    Ld Counsel for deft no 5 filed additional affidavit compilation in support of nm no. 881/18. T.O.R. Copy supplied to Ld. Counsel for Deft no 1 and 2 and Plaintiff.
    Ld Counsel of Plaintiff sought time for filing sur-rejoinder by objecting to file the additional affidavit and compilation by Deft no 4 and 5.  Granted.
    Ld. Counsel for Plff filed service Affidavit Of Plaint in view of order in CS 1044/16 dated 10/12/18.. T.O.R.
    As per service affidavit Deft. no 3 is who is respondant in Cs No. 1044/16 being represented by Adv. Shri Arvind Rathore and Co. u881/18pon who the writ of summons came to be served on 2/01/2019. When called none appeared for deft no. 3 till 4.15 pm. Hence Suit is proceded Ex-Parte against  Deft 3. Indrayani Complex D wing CHS. Ltd.
    Adj. For Hearing on NM  881/18 and reply on 18/01/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2019
    
    Date: 18-01-2019
    Business: HHJ is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2019
    
    Date: 22-01-2019
    Business: Adv. Yatanesh Aher Present for the Plff.
    Adv. Sonal Avasti Present for the deft no. 4 and 5.
    Ld counsel for the Deft no.4 and 5 filed additional WS. t.o.r.
    Ld counsel for Plff filed additional affidavit of reply to NM 881/18. t.o.r. copy supplied to otherside.
    Ld counsel for the plff filed application for speaking of the minutes of the Rozanama dt.04/01/2019. t.o.r. called the say of otherside.
    Adj. For Hearing of NM 881/18 and reply on Ex.32 on 31/01/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: Adv. Sonal Avasti Present for the Plff.
    Adv. P. V. Dhopadkar Present for the Deft. no.2.
    Adv. S. T. Pawar Present for the Deft. no. 4.
    Adv. Arvind Rathod Present for the deft no.3.
    Ld counsel for the Plff filed application for speaking to the minutes of the Roznama dt.04/01/2019.
    Order- As per Roznama dt.04/01/2019 the word writ of summons be replaced with by amened copy of plaint hence application to that effect is clarified filed.
    Order below Ex.30.
    Heard both sides.  Also heard Adv. Arvind Rathod present for respondent of  the chamber summons after perusal Roznama dt.04/01/2019 it appear as writ of summons. Hence the Roznama dt.31/01/2019 to that effect needs to be corrected that the writ of summons not severed but amended copy of plaint was served.
    Ld counsel for the Plff directed to served amendment copy of the plaint upon newly added deft no.3 in view of CS 1044/16 dt.10/12/2018. There is no need to served again the writ of summons upon deft no.3.
    Adj. For Hearing of NM 881/18 on 28/02/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: HHJ is on Mediation Training
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Adv. Sonal Avasti Present for the Plff.
    Adv. H. T. Pawar Present for the Deft. no. 04 and 5.
    Adv. Arvind Rathod Present for the Deft. no.3.
    Adv. Arvind Rathod tendered VP for Deft no. 3. t.o.r. Ex. 33. and sought time to file WS. Granted.
    Ld counsel for the Deft no. 4 and 5 filed additional affidavit in support of NM 881/18. t.o.r. copy be supplied to otherside.
    Ld counsel for the deft no. 4 and 5 directed to serve the copy of NM 881/18 alongwith the affidavit filed by the deft in support of the NM to the Ld counsel for the deft no.3.
    Ld counsel for the plff directed to serve the copy of the reply of NM 881/18 to Ld counsel for the deft no.3.
    Adj. For Reply of NM 881/18 by Deft no. 3 and hearing of NM 881/18 and filed WS by Deft no.3 on 02/04/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Adv. Desai Present for the Plff.
    Adv. Yatnesh Aher Present for the Deft. no. 4 and 5.
    Adv. Dhopatkar Present for the Deft. no.2.
    Adv. Arvind Rathod Present for the Deft. no.3.
    Ld counsel for the Deft no.3 filed WS. t.o.r. copy served upon Ld counsel for plff and deft no. 2, 4 and 5.
    Ld counsel for plff filed additional affidavit reply to NM 881/18. t.o.r. copy supplied to otherside.
    Ld counsel for deft no. 4 and 5 undertake to serve the copy of NM 881/18 upon Ld counsel for deft no.3.
    Ld counsel for deft no.3 sought time for filing reply to NM 881/18. granted.
    Adj. For Reply of NM 881/18 by Deft no.03 on 02/05/2019.
    Next Purpose: REPLY
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: H.H.J. is on Mediation Training
    Next Purpose: REPLY
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: Court is on leave, 2nd Sessions.
    Matter adjd on 09.07.2019.
    Next Purpose: REPLY
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: Adv. Sonal Awasthi for plaintiff present.
    Adv. Ashok Jain for D-1 present.
    Adv. Nargis Khan for D-3 present.
    Adv. Amruta Salvi for D-4 and 5 present.
    Ld. counsel for D-3 not filed reply to NM No.881/18.
    Matter adjd by consent for NM hearing on 01/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Adv. Desai for plaintiff present.
    None present for D-1 to 3.
    Adv. Pawar for D-4 and 5 present.
    Matter adjd for NM hearing on 06/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: Adv. Desai for plaintiff present.
    Adv. Pawar for defendant present.
    As court is busy in dictating Judgment of Suit No. 2593/11 this matter is Adjourned.
    21/08/2019 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Adv. Desai for plaintiff present.
    Adv. Dipesh Jain for D-1 present.
    Adv. P.V. Dhopatkar for D-2 present.
    Adv. Pawar for D-4 and 5 present.
    On 26.04.2017 Ld. Counsel for D-4 and 5 filed compilation of documents on record. However, it is not exhibited on that day. For the identification purpose today it is exhibited at Exh.35.
    Heard argument on behalf D-4 and 5 on NM.
    Matter adjd for argument of plaintiff on NM on 30/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Adv. Desai for plaintiff present.
    Adv. Pawar for D-4 and 5 present.
    Matter adjd for NM hearing on 04/09/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: Adv. Thakkar for plaintiff present.
    Adv. Suresh Jadhav for D-4 and 5 present.
    Ld. counsel for plaintiff has concluded the argument.
    Matter adjd for NM order on 25/09/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv. Desai for plaintiff present.
    Adv. Nitesh Jain for D-1 present.
    Adv. Yadnesh Aher for D-4 and 5 present.
    Matter adjd for NM order on 04/10/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Adv. Desai for plaintiff present.
    Adv. Nitesh Jain for D-1 present.
    Adv. Pawar for D-4 and 5 present.
    As Court is busy in R/E (PH) and NM hearing, this matter is adjourned.
    Matter adjd for NM order on 10/10/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Desai for plaintiff present.
    Adv. Dipesh for D-1 present.
    Adv. Pawar for D-4 present.
    Court is busy in dictating Judgment in SU No.3148/11. Hence this matter is adjourned.
    Matter adjd for NM order on 23/10/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Adv. Jarnyrughni for plaintiff present.
    Adv. Dhopatkar for D-2 present.
    Adv. Taral for D-4 present.
    Matter adjd for NM order on 05/11/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Adv. Jainy for plaintiff present.
    Adv. Pawar for D-4 and 5 present.
    Court is busy in dictating Judgment in SU No.6744/01, hence this matter is adjourned.
    Matter adjd for NM order on 07/11/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Adv. Jainy Rugani for plaintiff present.
    Adv. Pawar for defendant present.
    Deft No. 4 in-person present.
    Matter Adjd. to 11/11/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Adv. Desai for plaintiff present.
    Adv. Ashok Jain for D-1 absent.
    Adv. Bhopatkar for D-2 absent.
    Adv. Yadnesh Aher for D-3 and 4 present.
    F.R.S.R. following order is passed.
    ORDER
    NM No.881/18 in SU No.2847/10 is hereby rejected.
    Matter adjd for draft issues on 19/12/2019.
    Nature Of Disposal: OTHER
    Disposal Date: 11-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103423/2018
    Filing Date: 01-03-2018
    First Hearing Date: 15th March 2018
    Decision Date: 11th November 2019
    Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    11 Nov 2019

    Order Details: Notice of Motion Pdf Text: CNR No. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.881 OF 2018 IN S.C. SUIT NO.2847 OF 2010 Maruti Dhulaji Thakur … Plaintiff V/s. M/s. Partha Developers & Ors. … Defendants Appearances : Ld. Adv. Desai for plaintiff. Ld. Adv. Ashok Jain for defendant no.1. Ld. Adv. Bhopatkar for defendant no.2. Ld. Adv. Pawar for defendant no.3 and 4. CORAM : HIS HONOUR JUDGE SHRI MILIND V. KURTADIKAR (C.R.…

    Read Full Order
    Order 1Full order available
    11 Nov 2019

    Order Details: Notice of Motion Pdf Text: CNR No. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.881 OF 2018 IN S.C. SUIT NO.2847 OF 2010 Maruti Dhulaji Thakur … Plaintiff V/s. M/s. Partha Developers & Ors. … Defendants Appearances : Ld. Adv. Desai for plaintiff. Ld. Adv. Ashok Jain for defendant no.1. Ld. Adv. Bhopatkar for defendant no.2. Ld. Adv. Pawar for defendant no.3 and 4. CORAM : HIS HONOUR JUDGE SHRI MILIND V. KURTADIKAR (C.R.…

    Read Full Order

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